Discussion Sec 14 Statutory Declaration - can it be done by post?

[Man in the middle]

You cannot make an SD by post. It has to be made in person.

 

To avoid delay, instead of waiting for a court appointment you can make your SD before a solicitor.

They will make a small charge of £5-£10. You can then send the witnessed SD to the relevant court.

You can also make your SD before an officer of the armed forces of the rank of Major/Squadron Leader/Lieutenant-Commander or above.

 

It may be easier to find a solicitor, though, as I doubt many of those members of the forces know they are authorised to witness an SD or how to do so.

 

7 hours ago, divination said:

What happens at the appointment anyway?

 

You will be given a copy of the SD pro-forma to complete.

You need to enter your personal details and the details of the court case which led to the bailiff action.

 

You then need to verbally declare the information on the form before the person hearing your SD.

That person will not enquire into the truth of your declaration but will (or should) warn you that to make a false declaration will be an offence under the perjury act.

[Man in the middle]

What offence or civil matter started this off?

[Man in the middle]

Then you must go before either a magistrate or a solicitor to make your SD. You cannot do this entirely by post. You must attend in person to make your SD in front of the person who is certifying it.

 

If you make it before a solicitor, once you have it certified then it can be sent by post to the court which imposed the fine. This has the effect of setting aside your conviction and fine and you will face the charge afresh.

 

If you make your SD in a Magistrates' Court you will almost certainly be asked to enter a plea to the original offence once your SD has been accepted.

[Man in the middle]

To be even fairer, I didn't suggest you must wait for a court appointment. In fact I made it clear that you need not: 

 

23 hours ago, Man in the middle said:

To avoid delay, instead of waiting for a court appointment you can make your SD before a solicitor.

They will make a small charge of £5-£10. You can then send the witnessed SD to the relevant court.

 

Your question asked whether the SD can be done by post, and it cannot. What happens after it has been "done" (i.e. sending it to the court) is a different question. But anyway, you seem to have hold of the right end of the stick.

 

1 hour ago, divination said:

Advice that you must 'make an appointment' also doesn't consider whether the sentencing court is nearby or not.

 

You can make an SD at any Magistrates' Court. It does not have to be the sentencing court.

 

But even at the best of times (and these are not the best of times) you will probably have to wait a couple of weeks for an appointment. If you make your SD before a solicitor you must serve it on the sentencing court within 21 days of learning of the proceedings that led to your conviction.

 

The same rule applies to those made in court but the court will accept a late SD if the reason you could not make it in time was because you could not get an earlier appointment.

[Man in the middle]

I think (or hope) it's just terminology, but to emphasise: you cannot make your SD by post.

 

You must attend either a court (any Magistrates' Court) or a solicitor's in person to make it. After you've made it and had it certified it must be sent or delivered to the sentencing court.

 

If you make your SD at a solicitor's that job will fall on you. If you make it at a court, the court (if it is not the sentencing court) will do it for you.

 

Additionally, if you make it at a court (whether it is the sentencing court or not) you will almost certainly be asked to plead to the original offence immediately afterwards. If you plead guilty and the matter is straightforward you will be sentenced there and then. If you plead not guilty the matter will be adjourned for trial.